Pucklechurch Parish Council Code of Conduct for Members

Transcription

Pucklechurch Parish Council Code of Conduct for Members
Pucklechurch Parish Council
Code of Conduct for Members
1
Application
This Code of Conduct applies to you whenever you are acting in your capacity as a
member of Pucklechurch Parish Council, including –
1.1
1.2
1.3
1.4
1.5
1.6
1.7
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at formal meetings of the Council, its Committees and Sub-Committees,
when acting as a representative of the authority
in taking any decision as a parish Councillor
in discharging your functions as a parish Councillor
at briefing meetings with officers and
at site visits
when corresponding with the authority other than in a private capacity
General Conduct
As a member or co-opted member of Pucklechurch Parish Council I have a
responsibility to represent the community and work constructively with our staff and
partner organisations to secure better social, economic and environmental outcomes
for all.
In accordance with the Localism Act provisions, when acting in this capacity I am
committed to behaving in a manner that is consistent with the following principles to
achieve best value for our residents and maintain public confidence in this authority.
SELFLESSNESS: Holders of public office should act solely in terms of the public
interest. They should not do so in order to gain financial or other material benefits for
themselves, their family, or their friends.
INTEGRITY: Holders of public office should not place themselves under any financial
or other obligation to outside individuals or organisations that might seek to influence
them in the performance of their official duties.
OBJECTIVITY: In carrying out public business, including making public appointments,
awarding contracts, or recommending individuals for rewards and benefits, holders of
public office should make choices on merit.
ACCOUNTABILITY: Holders of public office are accountable for their decisions and
actions to the public and must submit themselves to whatever scrutiny is appropriate to
their office.
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OPENNESS: Holders of public office should be as open as possible about all the
decisions and actions that they take. They should give reasons for their decisions and
restrict information only when the wider public interest clearly demands.
HONESTY: Holders of public office have a duty to declare any private interests relating
to their public duties and to take steps to resolve any conflicts arising in a way that
protects the public interest.
LEADERSHIP: Holders of public office should promote and support these principles by
leadership and example.
As a Member of Pucklechurch Parish Council, my conduct will in particular address
the statutory principles of the code of conduct by:

Championing the needs of residents – the whole community and in a special
way my constituents, including those who did not vote for me.

Dealing with representations or enquiries from residents, members of our
communities and visitors fairly, appropriately and impartially.

Not allowing other pressures, including the financial interests of myself or
others connected to me, to deter me from pursuing constituents' casework,
the interests of the Authority's area or the good governance of the authority in
a proper manner.

Exercising independent judgement and not compromising my position by
placing myself under obligations to outside individuals or organisations who
might seek to influence the way I perform my duties as a member/co-opted
member of this authority.

Listening to the interests of all parties, including relevant advice from statutory
and other professional officers, taking all relevant information into
consideration, remaining objective and making decisions on merit.

Being accountable for my decisions and co-operating when scrutinised
internally and externally, including by local residents.

Contributing to making this authority’s decision-making processes as open and
transparent as possible to enable residents to understand the reasoning behind
those decisions and to be informed when holding me and other members to
account but restricting access to information when the wider public interest or
the law requires it

Behaving in accordance with all our legal obligations, alongside any
requirements contained within this authority’s policies, protocols and
procedures, including on the use of the Authority’s resources.

Valuing my colleagues and staff and engaging with them in an appropriate
manner and one that underpins the mutual respect between us that is
essential to good local government.
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
Always treating people with respect, including the organisations and public I
engage with and those I work alongside.

Providing leadership through behaving in accordance with these principles
when championing the interests of the community with other organisations as
well as within this authority.
Disclosable Pecuniary Interests (DPIs)
You must 3.1
comply with the statutory requirements to register, disclose and withdraw
from participating in respect of any matter in which you have a disclosable
pecuniary interest
3.2
ensure that your register of interests is kept up to date and notify the
Monitoring Officer in writing within 28 days of becoming aware of any change
in respect of your disclosable pecuniary interests
3.3
make verbal declaration of the existence and nature of any disclosable
pecuniary interest at any meeting at which you are present at which an item
of business which affects or relates to the subject matter of that interest is
under consideration, at or before the consideration of the item of business or
as soon as the interest becomes apparent and leave the room for the
duration of the debate and the vote on the item of business which
affects or relates to the interest.
3.4
“Meeting” means any meeting organised by or on behalf of the authority,
including –
3.4.1
3.4.2
3.4.3
3.4.4
3.4.5
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any meeting of the Council, or a Committee or Sub-Committee of
Council
any meeting of the Cabinet and any Committee of the Cabinet
in taking a decision as a Parish Councillor
at any briefing by officers; and
at any site visit to do with business of the authority
Other Interests
4.1
In addition to the requirements of Paragraph 3, if you attend a meeting at
which any item of business is to be considered and you are aware that you
have a “non-disclosable pecuniary interest or non-pecuniary interest” in that
item, you must make verbal declaration of the existence and nature of that
interest at or before the consideration of the item of business or as soon as
the interest becomes apparent and leave the room for the duration of the
debate and the vote on the item of business which affects or relates to
the interest.
4.2
You have a “non-disclosable pecuniary interest or non-pecuniary interest” in
an item of business of your authority where –
4.2.1
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a decision in relation to that business might reasonably be
regarded as affecting the well-being or financial standing of you or
a member of your family or a person or body with whom you have
a close association to a greater extent than it would affect the
majority of the Council Tax payers, ratepayers or inhabitants of the
electoral area for which you have been elected or otherwise of the
authority’s administrative area, or
4.2.2
it relates to or is likely to affect any of the interests listed in the
Table in the Appendix to this Code, but in respect of a member of
your family (other than a “relevant person”) or a person with whom
you have a close association
and that interest is not a disclosable pecuniary interest.
5
Gifts and Hospitality
5.1
You must, within 28 days of receipt, notify the Monitoring Officer in writing of
any gift, benefit or hospitality with a value in excess of £100 which you have
accepted as a member from any person or body other than the authority.
5.2
The Monitoring Officer will place your notification on a public register of gifts
and hospitality.
5.3
This duty to notify the Monitoring Officer does not apply where the gift, benefit
or hospitality comes within any description approved by the authority for this
purpose.
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Appendix
Disclosable Pecuniary Interests (DPIs)
The duties to register, disclose and not to participate in respect of any matter in which a
member has a Disclosable Pecuniary Interest are set out in Chapter 7 of the Localism Act
2011.
Disclosable pecuniary interests are defined in the Relevant Authorities (Disclosable
Pecuniary Interests) Regulations 2012 as follows –
Interest
Employment, office, trade, profession or
vacation
Prescribed description
Any employment, office, trade, profession or vocation
carried on for profit or gain.
Sponsorship
Any payment or provision of any other financial benefit
(other than from the relevant authority) made or
provided within the relevant period in respect of any
expenses incurred by M in carrying out duties as a
member, or towards the election expenses of M.
This includes any payment or financial benefit from a
trade union within the meaning of the Trade Union and
Labour Relations (Consolidation) Act 1992).
Contracts
Any contract which is made between the relevant
person (or a body in which the relevant person has a
beneficial interest) and the relevant authority—
(a) under which goods or services are to be provided
or works are to be executed; and
(b) which has not been fully discharged.
Land
Any beneficial interest in land which is within the area
of the relevant authority.
Licences
Any licence (alone or jointly with others) to occupy
land in the area of the relevant authority for a month or
longer.
Corporate tenancies
Any tenancy where (to M’s knowledge)—
(a) the landlord is the relevant authority; and
(b) the tenant is a body in which the relevant person
has a beneficial interest.
Securities
Any beneficial interest in securities of a body where—
(a) that body (to M’s knowledge) has a place of
business or land in the area of the relevant authority;
and
(b) either—
(i) the total nominal value of the securities exceeds
£25,000 or one hundredth of the total issued share
capital of that body; or
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(ii) if the share capital of that body is of more than one
class, the total nominal value of the shares of any one
class in which the relevant person has a beneficial
interest exceeds one hundredth of the total issued
share capital of that class.
For this purpose –
“the Act” means the Localism Act 2011;
“body in which the relevant person has a beneficial interest” means a firm in which
the relevant person is a partner or a body corporate of which the relevant person is a
director, or in the securities of which the relevant person has a beneficial interest;
“director” includes a member of the committee of management of an industrial and
provident society;
“land” excludes an easement, servitude, interest or right in or over land which does
not carry with it a right for the relevant person (alone or jointly with another) to
occupy the land or to receive income;
“M” means a member of a relevant authority;
“member” includes a co-opted member;
“relevant authority” means the authority of which M is a member;
“relevant period” means the period of 12 months ending with the day on which M
gives a notification for the purposes of section 30(1) or 31(7), as the case may be, of
the Act;
“relevant person” means M or any other person referred to in section 30(3)(b) of the
Act;
“securities” means shares, debentures, debenture stock, loan stock, bonds, units of
a collective investment scheme within the meaning of the Financial Services and
Markets Act 2000 and other securities of any description, other than money
deposited with a building society.
Policy formally adopted
Reviewed
Reviewed and adopted
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1st July 2012
19th June 2013
20th May 2015 Agenda Item
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